§ 18.104.305. Farmworker centers—Owned or managed by local government agency.

Subject to the provisions of Section 18.104.295 where applicable, the following provisions shall apply to farmworker housing:

A.

Notwithstanding subsection (A) of Section 18.104.300, a publicly owned and operated farmworker center as described in subsection (A)(2) of Section 18.104.310, that is, a congregate housing facility occupied for no more than three hundred thirty days in a calendar year, comprised of permanent structures which is either owned or managed under a long term lease by a local government agency may be located on a parcel of two or more acres, subject to all of the following conditions, together with applicable conditions in subsection (B), if any:

1.

The farmworker center may be occupied by no more than sixty farmworkers at any one time;

2.

No more than five new farmworker centers may be established pursuant to this section after March 7, 2002;

3.

The local government agency shall operate the farmworker center in accordance with all applicable provisions of both this code and applicable state and federal law.

B.

If a newly created parcel is conveyed or leased to a local government agency to operate a farmworker center pursuant to subsection (A), above, and the local government agency ceases to use the parcel for a farmworker center, then all of the following conditions shall apply:

1.

The local government agency shall, within six months, directly reconvey the parcel to the grantor or cancel the lease in such a manner as to merge it into the parcel from which it was divided;

2.

The local government agency may not convey a parcel which does not satisfy the requirements of Section 18.104.300 to any third persons other than successors in interest of the grantor;

3.

The use permit for the farmworker center shall automatically expire;

4.

The parcel may thereafter be used only for purposes otherwise allowed by applicable zoning;

5.

The local government agency shall submit a plan to the director describing the action it will take to insure that future use of the structures conform to zoning applicable to the parcel at the time of reconveyance, including, but not limited to, demolition of the structures, modification of the structures to make them not habitable for residential use, or conversion of the structures to a use allowed by the zoning.

C.

No parcel shall be created for the purpose of establishing a farmworker center pursuant to this section and subsection (D) of Section 18.104.010 unless the local government agency first agrees in writing to accept title to the parcel or to enter into a long term lease.

D.

A use permit for a farmworker center issued pursuant to this section shall automatically expire if the parcel is not used as a farmworker center within three years after execution of the conveyance of the parcel.

E.

A use permit for a farmworker center issued pursuant to this section shall automatically expire if the farmworker center is not used for two consecutive growing seasons, provided that, if the director receives written notice that the farmworker center is temporarily closed for rehabilitation, growing seasons during which rehabilitation is taking place shall not be counted.

F.

To the extent it is legally permissible, language that ensures the conditions in subsections (A) and (B), above, shall be complied with shall be included in any deed or lease by which property is acquired by a local government agency for use as a farmworker center pursuant to this section.

G.

Notwithstanding subsection (A)(3) of Section 18.104.330, a farmworker center established pursuant to this section may provide information regarding, and referral of farmworkers to, employment, social and community, and health services.

H.

For purposes of this section, long term lease means forty years or longer.

(Ord. No. 1323, § 25, 6-23-2009; Ord. 1246 § 14, 2004: Ord. 1227 § 4, 2003: Ord. 1191 § 3, 2002)